The Roberts Court is set to make history when it hears oral arguments on whether or not state-level same-sex marriage bans are constitutional this week.
For Justice Samuel Alito, the Defense of Marriage Act and workplace discrimination cases represent the coming together of two very real threats to him: advancing equality in society and advancing equality in the workplace.
The Supreme Court mostly settled the marriage equality question by striking DOMA and Prop 8 but refused to broadly recognize same-sex marriage rights.
There is no legitimate overriding purpose for subjecting gays and lesbians to invidious discrimination based on sexual orientation, because, ultimately, once you chip away at arguments against same-sex marriage, you’re left with nothing but “because it’s gross.” And “Ewww” is not a reason to deny an entire class of citizens a fundamental right.
As a likely swing vote in the upcoming marriage equality cases, Justice Kennedy may push the issue back to the states.